9/9/ Performance Evaluation. Reform Act SENATE BILL 315, 7 AND 1, OH MY! Employment of Teachers In Illinois Post Education Reform

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1 SENATE BILL 315, 7 AND 1, OH MY! Sara G. Boucek Illinois Association of School Administrators Associate Director/Legal Counsel Employment of Teachers In Illinois Post Education Reform Performance Evaluation Reform Act Senate Bill 315 1

2 PERA Implementation Dates Requirement Incorporate ratings of Excellent, Proficient, Needs Improvement, and Unsatisfactory into all school district evaluation plans; incorporate various new requirements other than student growth data School districts may begin including student growth data into evaluation instruments The lowest performing school districts (20%) must implement student growth data into evaluation instruments All school districts must implement student growth data into evaluation instruments Implementation Date September 1, 2012 September 1, 2013 September 1, 2015 September 1, 2016 PERA Implementation Dates Acceleration of PERA Implementation Date Race to the Top 3 Schools Earliest is September 1, 2013 PERA and Special Education Cooperatives Lowest 20% Determination (2014 State Assessments) Rating Categories Old Rating Scale Excellent Satisfactory Unsatisfactory PERA Rating Scale Excellent Proficient Needs Improvement Unsatisfactory Must be in place no later than September 1,

3 Principal/Assistant Principal Evaluations Central Administration vs. Principal/Assistant Principal Superintendent/Principal Frequency (March 1, 2 Observations Per Year) Composition (Detail Rules and Regulations) Notice by first day of school copy and summary of rubric to be used for student growth and professional practice Meet by October 1 to set student growth measurement models and targets to be use, as well as professional growth goals Professional Practice of Principals/Assistant Principals Must be at least 50% of the overall rating Student Growth for Principals/Assistant Principals (30% vs. 25%) Model Principal/Assistant Principal Evaluation Tool Teacher Evaluations Who is covered? Frequency Composition Professional Practice for Teacher Evaluations Student Growth for Teacher Evaluations Teacher Evaluations Part 50 Rules/Regulations Incorporation of Practice Components Incorporation of Student Growth SLO Process Minimum Requirements Rating Scale Summative Matrix 3

4 Joint Committees Under PERA Joint Committee Membership Responsibilities Pilot Program Training requirements for PERA evaluators Evaluators after September 1, 2012 must complete pre-qualification training Part 50 Potential Requirements Professional Development Plan/Remediation Plan Components Duration 4

5 Education Reform Senate Bill 7 Survey of Learning Conditions 5 Essential Survey Validity and Accuracy Concerns Benchmark Concerns Reportable Data tell your own story Alternative Surveys New Law Change July 1, 2014 Mandated School Board Leadership Training Newly Elected School Board members Training on the law, finance, accountability and fiduciary oversight of the District 5

6 New and Vacant Positions Filling new or vacant positions must be based upon the following factors: certifications qualifications merit and ability, including evaluations relevant experience Length of continuous service in the District is not a factor unless everything else is equal These rights can be bargained away New and Vacant Positions Effective Date? (June 13, 2011, unless grandfathered) What Positions Does It Apply To? Summer School (Yes) Extracurricular (No) Teaching positions required to be filled by recall (No) Temporary Assignments (No) Grievable/Cause of Action? (No) Tenure Acquisition Contract Year 120 days FMLA? Permanent Substitute? (Yes) Part-Time? (No) Non-Renewal vs. Reduction in Force Notice Provisions 6

7 Reductions in Force Where SB 7 and SB 315 converge Reduction in Force General Applicability/Grandfathered Contracts After June 30, 2013 no more grandfathered contracts Part-Time Teachers New Legal Changes 2013 Qualifications May 10 th Deadline Reduction in Force Categories/Ratings Determine Qualifications for Job Categories Legal Qualifications for position and any other qualification as determined by job description Grouping Group 1 Probationary Teachers without Evaluations/Probationary Part Time Teachers Dismissal at the discretion of the District Group 2 Teachers with Unsatisfactory or Needs Improvement Rating Teacher with lowest average rating dismissed first Teachers with same ratings are dismissed by seniority Group 3 Teachers with Proficient Ratings Dismissed based on Seniority Group 4 Teachers with Excellent ratings in last two or last two out of three evaluations Dismissed based upon seniority Bumping Issues 7

8 Reduction in Force Sequence of Dismissal List Timeline for Dissemination List must be provided to the Union at least 75 days before end of school term 30 Days to Review Final reduction notification must be received 45 days before end of school year Dissemination Protocols FOIA Implications Seniority List to be completed each year (New 2013) Joint Committee Under SB 7 Joint Committee Membership Responsibilities Criteria for excluding from group 2 and placing in group 3 a teacher whose last two performance evaluations included a needs improvement and either a proficient or excellent rating Alternate definition for group 4, which definition must take into account prior performance ratings and may take into account other factors, but cannot include a teacher with a needs improvement or unsatisfactory rating May include within the definition of performance evaluation rating a rating given to a teacher from another school district Assigning performance evaluation ratings that complies with the statutory changes At times, review the sequence of dismissal list to determine if there is a trend related to low evaluation scores for teachers with longer periods of contractual continued service New Law Change Must meet annually by December 1 Reduction in Force Recall Rights All teachers in Groups 3 and 4 (not just tenured teachers) have recall rights for one year from the beginning of the following school term Recall rights are only available to teachers in Groups 3 or 4 for positions that they are legally qualified to hold based upon a list established by May 10 of the previous year New Law (July 1, 2014) Limited Recall for individuals with a Needs Improvement as long as the other evaluation for that individual is Satisfactory, Proficient and Excellent until February 1 of the the following school year. Recall shall be done in reverse order of dismissal 8

9 Dismissal of Teachers Dismissals of Probationary and Tenured Teachers have changed under SB 7 Mandated School Board Training Collective Bargaining/Strike 9

10 Collective Bargaining/Strike Publication Requirements Anytime after 15 days after mediation has commenced, either party may initiate the public posting process. Within 7 days of declaration, both parties must provide the other party in writing the most recent offer of the party, including cost summary. 7 days after receipt of the parties offers, the Board shall make public the offers and each party s cost Important Resources for SB 315/SB 7 Implementation Help SB 1: Where Are We Now? 10

11 SB 1 Pension Reform 1/24/14 SB 1 - Pension Reform Where are we? Where have we been? Where are we going? What can we expect? SB1 Timeline Effective Date: June 1, 2014 May 14, 2014: Judicial Order Temporary Restraining Order and Preliminary Injunction Plaintiffs have shown that they have a clearly ascertainable right in need of protection, including their vested rights to their pension Plaintiffs have shown that there is a fair question that Plaintiffs will succeed on the merits as to their challenge that SB 1 violates the Pension Protection Clause and Illinois Constitution Plaintiffs have shown that they will suffer irreparable harm if an injunction does not issue, including confusion and uncertainty concerning the provisions of SB 1 Plaintiffs have show that they have no adequate remedy at law absent injunctive relief SB 1 is stayed in its entirety and the State is enjoined from implementing or administering any provision of the law until further order of the Court or until SB 1 is held unconstitutional and a permanent injunction is ordered July 3, 2014: Kanerva v. Weems: IL Supreme Court rules 6-1 that the legislative changes to the States Employees Health Insurance unconstitutional 11

12 SB 1 Employee Definition Tier 1 Member: Tier I Member defined as individuals who began in TRS or reciprocal system prior to January 1, Tier 2 Member: Tier 2 Member defined as individuals who began in TRS or reciprocal system on or after January 1, Tier 3 Member: Tier 3 Member defined as individuals who began in TRS or reciprocal system on or after June 1, SB 1: Increased Retirement Age Retirement Age will increase by the four month increments starting with those between the age of 45 and 31 as of June 1, 2014 For those age 46 and older, the retirement age will remain unchanged. For those age 45, the retirement age will be increased by four months. For those age 44, the retirement age will be increased by eight months. For those age 43, the retirement age will be increased by 12 months. For those age 42, the retirement age will be increased by 16 months. For those age 41, the retirement age will be increased by 20 months. For those age 40, the retirement age will be increased by 24 months. For those age 39, the retirement age will be increased by 28 months. For those age 38, the retirement age will be increased by 32 months. For those age 37, the retirement age will be increased by 36 months. For those age 36, the retirement age will be increased by 40 months. For those age 35, the retirement age will be increased by 44 months. For those age 34, the retirement age will be increased by 48 months. For those age 33, the retirement age will be increased by 52 months. For those age 32, the retirement age will be increased by 56 months. For those age 31 and below, the retirement age will be increased by 60 months. SB1 Pensionable Salary Cap Salary: Legally defined as Creditable Earnings Pensionable Creditable Earnings will be capped at the greater of (1) current Tier 2 pensionable salary cap and subsequent increases, (2) current annual creditable earnings of current employment contracts and collective bargaining agreement in effect on the effective date of legislation, or (3) the annual creditable earnings immediately preceding the expiration, renewal, or amendment of an employment contract or collective bargaining agreement in effect on that effective date (i.e. the final stated creditable earnings in grandfathered employment contracts and/or collective bargaining agreements). The current Tier 2 cap is $109,971 and is subject to annual increases of the lesser of ½ of CPI and/or 3%. 12

13 SB1 Pensionable Salary Cap Grandfathered Contracts What? Who? When? Now? Now What? SB1 Pensionable Salary Cap Issues: Riding the Cap Social Security for Salary above Cap Receiving more than the Cap Payroll Issues In effect Grandfathering Retirement Contracts/Letters New Employment for Contract Year SB1 COLA Adjustment Cost of Living Adjustment will be decreased for both retired and current members from 3% compounded per year to 3% of the lesser of (1) the total annuity payable at the time of the increase (including previous increases granted) or (2) $1,000 x years of creditable service upon which the annuity is based. Beginning on July 1, 2016, the $1,000 will be increased by CPI each year. For those individuals who have been retired for one year or more, any adjustment will be recognized and provided to current retirees. For those eligible for Social Security, the $1,000 figure is reduced to $800. Please note that cost of living adjustments occur on January 1 of each calendar year, therefore, the COLA decrease and freeze will not go into effect until January 1,

14 SB1 COLA Freeze Cost of Living Adjustments will be frozen for both applicable retired and current members based on age on the effective date of bill, which is June 1, For those age 50 or above, the 2 nd annual adjustment will be 0% For those age 47-49, the 2 nd, 4 th, and 6 th annual adjustments will be 0% For those age 44-46, the 2 nd, 4 th, 6 th, and 8 th annual adjustments will be 0% For those age 43 and below, the 2 nd, 4 th, 6 th, 8 th and 10 th annual adjustments will be 0% Please note that cost of living adjustments occur on January 1 of each calendar year, therefore, the COLA decrease and freeze will not go into effect until January 1, SB1 Required Contribution Decrease Current employee annual contributions will be decreased by 1% SB1 Tier 3 Sick/Vacation Leave Payment for unused sick and vacation pay will not be counted as creditable earnings, as well as unused sick leave will not be counted towards creditable service for those new to TRS after the effective date of the Bill 14

15 SB1 Misc. Provisions Health Care Subsidiary: Contributions received by TRS cannot be used to provide a subsidy for the cost of participation in the retiree health care program after the effective date of the bill. Defined Contribution Plan: Defined Contribution Plan available to 5% of the total TRS membership, moving to the defined contribution plan is by election of individual members. Right to Bargain: Removes any requirement to bargain over matters affected by the changes, the impact of changes and the implementation of the changes made pursuant to SB 1, other than those affecting the pick up of employee contributions. This does not affect current collective bargaining agreements that are in effect on the effective date of the bill. 100% Full Funding: State Payments based on actuarial data to provide for 100% full funding of pension systems by SB1 Important Resources pdf Kanerva v. Weems t/2014/ pdf Contact Information Sara Boucek or *Special Thank you for Darren Reisberg, Former ISBE General Counsel and Stephanie Jones, Partner, Hodges, Loizzi, Eisenhammer, Rodick & Kohn or